Campiti v. WalonisCampiti v. Walonis
JUDGMENT
This is а civil action the underlying facts of which are described in extensive detail in this Court’s opinion in
Campiti v. Walonis,
On September 19, 1975 defendant Walonis, an investigator for the Massachusetts Department of Corrections, аcting without a warrant, secretly monitored a telephone conversation between Francesco Campiti, an inmate at the Massachusetts Correctional Institution at Walpole, and Chester S. Martin, Sheriff of Franklin County, Massachusetts. Joseph Pioggia, an inmate at the Franklin County House of Correction, was alsо a party to the intercepted conversation.
Defendant Walonis was acting with the permission of and at the request of prison officials, Gunther and Brown, when he monitored the telephone call. After intercepting the communication, Walonis disclosed its contents to a number of prison and state law enfоrcement officials not only on the day of the call but also on September 22 and 29, 1975. The disclosures were authorized by his superior Commissioner of Corrections, Frank Hall.
On November 7, 1978 a hearing was held to determine damages, and on December 1, 1978 plaintiffs filed an application for attorney fees and expenses. These matters are currently before the Court for consideration.
Congress, in legislating Section 2520, provided for minimum liquidated damages of $1,000, in the event that actual damages are less than that amount. Plaintiffs have made no attempt to prove actual damages and concede that the liquidated damage clause is applicable on the facts of this casе. Plaintiffs also seek to recover punitive damages and reasonable attorney fees and costs of litigation pursuant to Section 2520. Defendants concede their liability for liquidated damages and reasonable costs and attorney fees but differ with plaintiffs as to the amount. Defendants deny their liability for punitive dаmages.
Although reliance on a court order or legislative authorization is required to establish a good faith defense to the statute,
Campiti v. Walonis, supra,
evidence that defendants believed they were acting lawfully is pertinent to a determination of whether they acted with malice or wantonness so as to render punitive damages appropriate.
See Halperin v. Kissinger,
Plaintiffs are, however, entitled under
In drafting
Any person whose wire or oral communication is intercepted, disclosed, оr used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications and (2) be entitled to recover from any such person—
(a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000 whichever is higher;
Plaintiffs argue that, because the Cоurt has found both interception and disclosure in the instant case, Campiti v. Walonis, supra, there should be separate awards of liquidated damages, for the interception and thе disclosure.
I rule that the interceptions and disclosures in the instant case were incidents of one single investigation which took place within a ten-day period. The violation of plaintiffs’ rights, although actionable, were not substantial and no actual damage was suffered. Each plaintiff is entitled to a recovеry of liquidated damages in the amount of $1,000.
Defendant Walonis acted in contravention of the statute on September 19, 22 and 29,1975. Defendant Hall procured Walоnis to make disclosures on each of those days. Defendants Gunther and Brown procured Walonis to intercept the call on September 19. All defendants аre, therefore, jointly and severally liable for the minimum amount of $1,000 in liquidated damages set forth in the statute.
It is unnecessary for the Court to discuss an award of liquidated damages under the Massachusetts wiretap statute because plaintiffs are entitled to only one recovery.
Defendants do not dispute that plaintiffs are entitled to rеasonable costs and attorney fees but contend that only a 50% contingent fee of $1,000 should be allowed by the Court.
Plaintiffs’ counsel has presented to the Cоurt an affidavit setting forth an account of 84.3 hours for which counsel seeks to recover $85 per hour.
In
Sargeant v. Sharp,
As has beеn discussed, Congress, in providing for the recovery of minimum liquidated damages, evidenced a clear concern for the wiretapped plaintiff even wherе no actual damage has been sustained. That legislative concern is undermined by an interpretation of “reasonable attorney’s fees” as requiring a сontingent fee arrangement. Although there will be many cases under the statute where a contingent fee will, indeed, be reasonable, e.
g., Furtado v. Bishop,
Counsel for the plaintiffs has spent a total of 84.3 hours in preparation and trial of the case at bar. During that time he was unable to handle matters for other clients. Plaintiffs’ attorney has been practicing in Massachusetts for eight years during which time he has become experienced in cases of this kind.
Plaintiffs were successful on all issues at trial, and, although those issues were not unduly complicated or novel, it wаs also necessary to dispose of a number of questions before trial. I find, therefore, that 84.3 hours was a reasonable expenditure of time for this case.
I further find that $60 per hour is a reasonable rate of compensation for attorneys engaged in federal litigation and well within the range of customary feеs for such services in the Boston area. These are the relevant factors which the Court of Appeals for this Circuit has ruled to be essential in a determination of what is a reasonable attorney fee.
Souza v. Southworth,
By their affidavit plaintiffs have also established litigation costs of $396.80 for filing fees, depositions, and other reasonable costs of litigation. Under the terms of
Order accordingly.